The Rules Committee have published details of the pilot scheme for the extension of fixed recoverable costs. What do we know?
It has been a long time coming, but today we are a step closer to a considerably extended fixed costs regime, covering claims worth up to £250,000.00.
The Gazette reports that papers from the Civil Procedure Rules Committee meeting in May established how costs in the upcoming pilot scheme will be calculated, namely:
Work Undertaken Capped At:
Pre Action Work £10,000.00
Particulars of Claim £7,000.00
Defence and Counterclaim £7,000.00
Reply and Defence to Counterclaim £6,000.00
Case Management Conference £6,000.00
Witness Statements £8,000.00
Experts Reports £10,000.00
Trial and Judgement £20,000.00
Overall Cap £80,000.00
Interestingly, it appears the scheme will operate with reference to ‘caps’ rather than fixed fees, with the Court summarily assessing the costs.
The Piot is to run in certain designated Courts only and will be open to new cases for two years. It appears the scheme will be voluntary. Whether many Claimant’s will voluntarily subject themselves to a pilot designed to cap their costs seems doubtful. However as further details emerge, the potential benefit in doing so may become apparent.
We will provide updates regarding the progress of the pilot scheme and the proposed changes, as we find out more information.